NATIONAL INSURANCE COMPANY LIMITED Vs. SANJEEV SHARMA
LAWS(J&K)-2020-6-6
HIGH COURT OF JAMMU AND KASHMIR
Decided on June 23,2020

NATIONAL INSURANCE COMPANY LIMITED Appellant
VERSUS
SANJEEV SHARMA Respondents

JUDGEMENT

SANJEEV KUMAR,J. - (1.)This appeal by the National Insurance company Limited (hereinafter "the insurer") filed under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 13th May, 2011 passed by the Motor Accident Claims Tribunal, Jammu (hereinafter "the Tribunal") in file No.612/Claim titled Sanjeev Sharma v. Ramesh Chander and others.
(2.)The Tribunal has awarded the claimant-respondent No.1 a sum of Rs. 4,55,600/- as compensation along with interest @ 7.5% per annum for the injuries and permanent disablement suffered by the claimant in the accident caused due to rash and negligent driving of the offending vehicle by its driver-respondent No.3.
(3.)Before proceeding to deal with the grounds of challenge urged in the appeal, it would be worthwhile to notice few facts. On 26.12.2001, at about 7.30 p.m when the claimant accompanied by his friend Rohit Sharma were on evening walk on Circular Road, the offending vehicle i.e. Auto bearing Regd. No.K02M-4695 driven by respondent No.3 rashly and negligently hit the claimant from behind. As a result whereof, the claimant sustained multiple injuries including fracture of right ankle and left leg. The claimant statedly remained in the hospital for two months and claims to have spent 3-4 lakh on his treatment. The claimant was operated in the hospital. Since the injuries resulting into permanent disablement of the claimant to the extent of 55% were sustained in a motor vehicular accident due to rash and negligent driving of the offending vehicle by respondent No.3, as such, respondent No.1 filed a claim petition before the Tribunal claiming compensation to the tune of 10,80,000/- from the owner, driver and the insurer of the offending vehicle.
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